General Terms and Conditions of Sales
Applicable from 1 July 2025
These general terms and conditions of sale, (the "TERMS") are entered into on the one hand by the company ORECA SAS, registered with the Toulon Trade and Companies Register under number 302 045 794, whose registered office is located at Parc d'activités de Signes, 83870 Signes, (" ORECA ") and on the other hand, by any natural or legal person making a purchase via the websites (the "Sites») www.oreca-store.com (the "Site OS") and https://pro.oreca-store.com, or any other available means (the " Customer »). The Client declares that he/she is of legal age or holds parental authorisation and that he/she has the legal capacity to enter into a contract, thus allowing him/her to place an order on the Sites or by any other available means.
ORECA has all the rights necessary for the marketing and distribution of products through the Sites.
In accordance with Articles R. 541-167 et seq. of the Environmental Code, ORECA has the following unique identifiers:
Eco-organization |
Spinneret |
Unique identifier |
ASL |
SPORT |
FR416520_13UAGS |
ECOMAISON |
TOY |
FR416520_12GPFB |
For any questions relating to an order, the customer relations center (the "Customer Service") can be contacted:
- By phone on 04 94 88 57 94 from 9 a.m. to 6 p.m. from Monday to Friday, excluding public holidays
- From the customer area section available on the Sites
- By email at commercial_OS@oreca.fr
- By post to the following address: ORECA Store at ORECA SAS - BP 706 - 83030 Toulon Cedex 09.
The parties agree that their relations will be governed exclusively by the T&Cs, in force on the Sites on the date of validation of the order for goods and/or services available on the Sites and for the period necessary for the supply of the goods and/or services, until the expiry of the guarantees and obligations owed by ORECA. ORECA reserves the right to modify these T&Cs at any time by publishing a new version on the Sites. Any reference, identified in capital letters, to the singular includes the plural and vice versa. The T&Cs take precedence over any other terms and conditions such as the Client's T&Cs.
I. ORDERING
1.1 The validation of the order implies unrestricted or unreserved acceptance of the T&Cs that the Client declares to have read before its validation. 1.2 The Client receives an acknowledgement of receipt electronically as confirmation of the order. 1.3 In accordance with Article L121-11 of the Consumer Code, ORECA undertakes to honour the order only within the limit of available stocks. In the event of the unavailability of a good and/or service, ORECA undertakes to inform the Consumer. However, ORECA reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other reason it deems legitimate, in particular in the event of a dispute with the Consumer concerning the payment of a previous order.
II. PRICES
2.1 The price of the products corresponds to the price in force at the time the order is validated. The period of validity of offers and prices is determined by the updating of the Site. 2.2 Prices are subject to change without notice without ORECA being held liable, in particular in the event of a variation in the VAT rate or in the event of a manifest error in the price, the product or the discount. 2.3 Prices are expressed in euros including all taxes ("TTC"), excluding delivery and customs costs ("Ex-works"), all other currencies are displayed for information purposes only. Consequently, payment is made in euros and any additional costs related to exchange rate fluctuations and banking operations are entirely the responsibility of the Client.
III. MODIFICATION OF PRODUCTS
3.1 The technical and photographic specifications on our commercial documentation and on the Sites are given for information purposes only and therefore have no contractual value. These are subject to change without notice. 3.2 The deletion or modification, by ORECA's suppliers, of products that have been the subject of a registered order, authorises ORECA to cancel the current order unless the Client agrees to modify it, to which the Client consents.
IV. DELIVERY TIMES
4.1 The Client chooses one of the delivery methods offered on the Websites when placing the order. 4.2 The Client chooses a delivery address necessarily located in a listed territory, failing which the order will be refused. The Client is solely responsible for a failure to deliver due to a lack of indication and/or an error in the address provided at the time of ordering. 4.3 The amount of the delivery costs, indicated before the order is validated, depends on the amount of the order and/or the delivery method chosen by the Client. 4.4 ORECA undertakes to deliver the product within a maximum period of 4 (four) months from the date of the order, subject to the successful completion of the order by its supplier. The Client receives confirmation of the shipment of the order electronically. Delivery times are in working days. The delivery times indicated at the time of the order are given for information purposes only and do not constitute a commitment on the part of ORECA. 4.5 In the event that the delivery time exceeds the above-mentioned maximum period of 4 (four) months, the Consumer will have the option of cancelling his order and obtaining a refund. To do this, once the 4 (four) month period has passed, the Consumer must send an unambiguous statement on his or her desire to cancel his or her order to Customer Service. 4.6 Upon receipt of the order at the place of destination, it is the Client's responsibility to check the condition of the packaging as well as the products in the presence of the carrier in order to ensure that there is no damage. In the event of an anomaly (damaged packaging, missing, damaged or broken products), it is the Customer's responsibility to issue the necessary reservations and complaints, or even to refuse the package containing the order when it is clearly damaged on delivery. In addition, the Client will have a period of 3 days to express reservations to the carrier or 2 (two) working days (not including public holidays) to report it to ORECA via the complaint form on the Sites accompanied by a photo allowing the anomaly to be noted. Failure to file a complaint within the above period extinguishes any action for complaint in accordance with Article L133-3 of the Commercial Code. 4.7 Delivery, customs and return costs, as well as any other additional taxes borne by ORECA, will be borne by the Client in the event of refusal to receive or collect the order, with the exception of cases of refusal for damaged or non-compliant packages.
V. RETURNS
5.1 Legal withdrawal period - In accordance with Article L.221-18 of the Consumer Code, the Customer acting as a consumer as defined by the Consumer Code (the "Consumer"), has a right of withdrawal that he can exercise within a period of 14 (fourteen) calendar days from the receipt or collection of the order provided that the returned products are in new condition, intact and in their original condition and packaging. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended to the next working day. As such, the Consumer must send to Customer Service either by means of the withdrawal form available on the Sites or by means of an unambiguous statement, expressing his or her desire to withdraw according to the model below. After communication of their decision to exercise their right of withdrawal within the 14-day period, the Consumer has another 14-day period to return the product(s) concerned. The Consumer will assume all the costs of returning the products ordered
Attention: ORECA Customer Service
BP 706
83030 Toulon Cedex
commercial_OS@oreca.fr
Dear Madam, Sir,
I hereby notify you of my withdrawal from the contract relating to the sale below:
- Order number (mentioned in the "My Account" section of the store):
- Returned Product:
- Ordered on / Received on:
- Name of the Client:
- Customer's email address:
- Mailing address:
Date and Signature
5.2 Contractual period - ORECA offers the Consumer the possibility to return the products ordered for a refund, within 30 (thirty) calendar days (i.e. 16 days additional to the legal withdrawal period) from the date of receipt or collection of the order, provided that the returned products are in new condition, intact and in their original condition and packaging. If these conditions are not met, the product has been worn or the deadline has not been met, then no refund will be issued. The customer will be responsible for the entire cost of returns. 5.3 However, no returns provided for in articles 5.1 and 5.2 will be accepted in the event of a specific order concerning products not held in stock, ordered especially for the Client and/or made to measure in accordance with article L221-29 of the Consumer Code. 5.4 All returns, whether they fall under Article 5.1 or 5.2, must be accompanied by the agreement number obtained by Customer Service on the day of the request. The return slip part 1 (upper part) must be affixed to the outside of the parcel being reshipped and part 2 (lower part) placed inside. Any return that does not mention or mention the number of the return slip validated by us will not be processed and will be made available to you at our warehouse. 5.5 If the product is not returned in its original condition with its packaging, new and complete, ORECA reserves the right to withhold a minimum of 20% (twenty percent) of the price of the said product for storage, packaging or refurbishment costs. Likewise, for the returns provided for in Article 5.2, ORECA reserves the right to refuse the refund if the products are not returned in their original condition. In this case, if the customer wishes to collect said products, they will have to pay the reshipping costs. 5.6 Subject to compliance with the conditions listed above, refunds will be made within 14 days of receipt of the Products via the means of payment used for the returned order, except in the event of failure or express agreement by the Client for a refund by another means.
VI. WARRANTY
6.1 Professional customers: The products for sale on the Sites benefit from the warranty against latent defects (articles 1641 et seq. of the Civil Code), allowing the Customer to return the products delivered defective. The Client may exercise this guarantee by sending his request to the Customer Service. The warranty will not cover products that are damaged due to:
- Normal wear and tear;
- Improper use;
- A modification, repair of the Products by the Customer or any other third party
Apart from this guarantee, and except in the event of non-conformity of the order, the Professional Customer has no other right of return.
6.2 Consumers: The products for sale on the Sites benefit from the legal guarantee of conformity (articles L217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing the Consumer to return the products delivered defective or non-compliant. The Consumer may exercise these guarantees by sending his request to the Customer Service.
The warranty will not cover products that are damaged due to:
- Normal wear and tear;
- Improper use;
- A modification, repair of the Products by the Consumer or any other third party
"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. 'Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.
"The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
"If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
'If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity shall be renewed for a period of two years from the date of replacement of the goods. 'The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: "1° The professional refuses to repair or replace the property; "2° The repair or replacement of the property takes place after a period of thirty days; "3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired goods or replacing them; "4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance. 'The consumer shall also have the right to a reduction in the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand. "The consumer does not have the right to cancel the sale if the lack of conformity is minor. "Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished property." The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
"The seller who obstructs the implementation of the legal guarantee of conformity in bad faith shall incur a civil fine of a maximum amount of EUR 300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item. » |
VII. PAYMENTS AND DEADLINES
7.1 Products and/or services are payable in cash at the time of ordering. 7.2 The accepted means of payment are payments by Credit Card (credit card, visa, EuroCard/MasterCard networks), PayPal, E-Gift Card (only for the OS Website) and bank transfer (only for Business Customers). 7.3 The transaction is immediately debited from the Client's bank card after verification of the data on the latter, upon receipt of the debit authorisation from the company issuing the bank card used by the Client. 7.4 In accordance with Article L132-2 of the Monetary and Financial Code, the commitment to pay, given by means of a payment card, is irrevocable. By providing their credit card information, the Customer authorises ORECA to debit their bank card for the amount corresponding to the amount of their order. To this end, the Client confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Client communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram. ORECA implements all means to ensure the confidentiality and security of the data transmitted on the Sites. 7.5 For Consumers, domiciled in metropolitan France, Corsica or DOM, the payment of the order may be made in 3 (three) instalments or 4 (four) instalments free of charge with our partner ONEY under the conditions listed on the OS Website. Only French Bank Cards covering the duration of the financing (excluding Maestro, Electron and American Express) are accepted. 7.6 The order is sent after payment. In the event that payment is impossible, the sale will be immediately terminated by operation of law and the order will be cancelled. 7.6 Any sum paid by the Client at the time of the order shall be considered as a deposit by the parties. 7.8 Once a credit note has been granted for commercial purposes, the Client will receive it electronically. The latter will be usable on the next order placed by phone only. This credit has a limited duration of 12 (twelve) months from the date of issue. The credit note is personal and non-transferable. In the event of late payment by a Business Client, late payment interest will be charged calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 (ten) percentage points as well as a lump sum compensation for recovery costs of 40 (forty) euros per invoice not paid on the due date. 7.9 In the event of non-payment by a Professional Client, ORECA shall be entitled to claim damages from the latter in the amount of 15% (fifteen percent) of the amount of the claim, including VAT, with a minimum fixed amount of 300 (three hundred) euros per claim, regardless of the amount of the damage actually suffered. 7.10 In the event of special payment terms agreed, these terms and conditions shall immediately lapse in the event of late payment in whole or in part.
VIII. RETENTION OF TITLE CLAUSE
In accordance with Law 80.335 of 12 May 1980, ORECA reserves ownership of the products until the full price and its accessories have been paid by the Professional Customer. In the event of total or partial non-payment of the price of the products ordered at the due date for any reason whatsoever, by express agreement, ORECA reserves the right, without formality, to physically regain possession of these products at the expense, risk and peril of the Professional Client. This resolutory condition does not affect the immediate transfer of risks and perils to the Professional Client.
IX. INTELLECTUAL PROPERTY
All figurative or non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos appearing on the Sites or on the products sold, their accessories and their packaging, whether registered or not, are and will remain the property of ORECA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of ORECA, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents that are the property of ORECA.
X. PERSONAL DATA
10.1 As a data controller of personal data, ORECA may collect personal data. In accordance with the Data Protection Act of 6 January 1978 and Regulation (EU) No. 2016/679, the Customer has the right to access, rectify and oppose personal data concerning him/her, which may be exercised by sending a request to this end to the address dpo.ext@oreca.fr taking care to specify his/her surname, first name and address.
10.2 ORECA invites you to consult its personal data protection charter available on the OS Website.
10.3 Please note that certain information is mandatory and necessary for the processing of your procedure and/or your order. Failure to respond to a mandatory field marked with an asterisk (*) may jeopardize the proper follow-up of your file and/or order.
10.4 Finally, we would like to inform you of the existence of the "Bloctel" telephone objection list, on which you can register (https://conso.bloctel.fr/).
XI. UNFORESEEABLE CIRCUMSTANCES AND FORCE MAJEURE
11.1 ORECA's obligations will be suspended in the event of the occurrence of an unforeseeable event or force majeure as defined by French legislation and case law, which delays or prevents their performance. In this case, ORECA cannot be held liable and the Client will not be able to claim any compensation of any kind whatsoever.
11.2 In such a situation, ORECA will notify the Client of the occurrence of such an unforeseeable event or force majeure as soon as possible from the date of occurrence of the event.
11.3 In the event that the suspension of ORECA's obligations should continue beyond a period of 4 (four) consecutive months, the Client will have the option to terminate the current order and ORECA will then proceed to refund the order using the same means of payment used for the order.
XII. RISKS
12.1 ORECA draws the attention of its kind customers to the fact that parts intended for the adaptation of vehicles for competition purposes may:
- have such characteristics that they make the circulation of vehicles prohibited on roads open to public traffic,
- void the manufacturer's warranties, and
- cancel the insurance guarantees insofar as they modify the characteristics of the vehicles as described in the acceptance report issued by the mining department: noise, pollution, maximum speed, tyre size, etc.
On the other hand, as all the products marketed by ORECA are intended for the practice of motor sports and motor racing, they are not subject to any particular contractual guarantee due to their particular conditions of use.
12.2 Due to the technical nature of the products marketed by ORECA, it is strongly recommended to use the services of a professional car mechanic for their installation so that it can be carried out in accordance with the rules of the art and, where applicable, in accordance with the technical and sporting regulations in force.
XIII. E-GIFT CARD AND ORECA PREMIUM SUBSCRIPTION
13.1 ORECA offers its customers an "E-Gift Card" publishing service, which can be used exclusively on the OS Site, including the General Terms and Conditions of Sale and Use of the E-Gift Card Service available on the OS Site. 13.2 The ORECA PREMIUM subscription allows a subscribed Customer to benefit from special benefits and services under the conditions detailed in the terms and conditions of subscription to the ORECA PREMIUM services accessible on the OS Site.
XIV. NULLITY OF A CLAUSE
14.1 If any of the provisions of the GTC are cancelled, this nullity will not result in the nullity of the other provisions of the GTC which will remain in force between the Parties.
XV. DISPUTE RESOLUTION
15.1 Any dispute or dispute in connection with the T&Cs shall be subject to French law to the exclusion of any conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods of 1980. 15.2 For any dispute arising between ORECA and the Client, the French courts shall have exclusive jurisdiction. 15.3 In accordance with the provisions of Articles L.211-3 and L.616-1 of the Consumer Code concerning the amicable settlement of disputes, ORECA is a member of the e-commerce Mediator Service of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written approach by the Consumers to ORECA, the Mediator's Service may be referred to the FEVAD Sites for any consumer dispute that has not been settled. 15.4 In the event of a contradiction between the French version and a foreign version of the GTC, the French version shall prevail.